Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2237, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish a new offense of operating a vehicle with a measurable amount of illegal drugs in a person's blood or urine, without the need to show that the drug must have impaired the person's ability to operate a vehicle in a careful and prudent manner. The measure also requires drug testing for anyone arrested for driving under the influence of alcohol.

Testimony in support of this measure was submitted by the Department of Transportation, Department of the Prosecuting Attorney for the County of Maui, and Honolulu Police Department. Testimony in opposition to this measure was submitted by the Office of the Public Defender, the Drug Policy Action Group, and one individual. Comments were also submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu and Mothers Against Drunk Driving Hawaii.

Your Committee finds that a person commits this offense, of operating a vehicle after consuming a measurable amount of illegal drugs, if the person operates or assumes actual physical control of a vehicle with a measurable amount of any illegal drug in the person's blood or urine. This measure clarifies existing law by making specific reference to dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates under the penal code and the controlled substances law. This measure further provides for a graduated system of punishment for repeat offenders.

Existing law covers operating a vehicle under the influence of an intoxicant, section 291E-61, Hawaii Revised Statutes. An offense under this section requires that an intoxicated person's ability to operate a motor vehicle be impaired. This measure does not make that condition an element of the offense, easing the burden of proof on the prosecution.

While your Committee finds that this provision is intended to protect the health and safety of the public, your Committee also notes serious concerns regarding several issues. Specifically, your Committee:

Your Committee has amended this measure to address some of these concerns. Specifically, your Committee:

Your Committee also adopted the amendments suggested by the Honolulu Police Department to remove the provision that the "law enforcement officer shall inform the person of the sanctions under section 291E-41, including the sanction for refusing to take a breath, blood, or urine test." Your Committee also amended this measure to make technical, nonsubstantive changes.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2237, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2237, S.D. 2.